CRA - 132RESOLUTION NO. CRA -132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO THE PAYMENT BY THE CYPRESS REDEVELOPMENT
AGENCY OF THE ACQUISITION COSTS FOR AND APPROVING A
PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND
JOSE M. AND LUCY ROSALES FOR THE CITY'S ACQUISITION OF
CERTAIN REAL PROPERTY FOR THE WALKER STREET RIGHT -OF -WAY.
WHEREAS, the City of Cypress "City is a municipal corporation duly formed and
organized under the laws of the State of California; and
WHEREAS, the Cypress Redevelopment Agency "Agency is a public body,
corporate and politic, duly organized and existing under the California Community
Redevelopment Law (Health Safety Code 33000 et seq.); and
WHEREAS, the City is proposing to acquire that certain parcel of real property
consisting of a 1,200 square foot portion of the street frontage for the property located at
8941 -8951 Walker Street and identified as Assessor Parcel No. 262- 423 -03 (the "Property
from Jose M. and Lucy Rosales (collectively, "Seller and
WHEREAS, the City and Seller propose to enter into that certain Purchase and Sale
Agreement and Joint Escrow Instructions "Agreement for City's acquisition of the Property
for a purchase price of Three Hundred Fifty -Seven Thousand Six Hundred Ninety -Five
Dollars ($357,695), plus escrow and other closing costs (collectively, the "Acquisition
Costs and
WHEREAS, the Property is located in the Cypress Merged and Amended
Redevelopment Project Area (the "Project Area and
WHEREAS, the Agency and the City Council of the City of Cypress "City" or "City
Council," as appropriate), in accordance with all applicable law, previously adopted the
Redevelopment Plan for the Project Area; and
WHEREAS, the California Community Redevelopment Law, at Health and Safety
Code Section 33445 authorizes the Agency to pay for all or part of the value of the land for
and the cost of the installation and construction of any building, facility, structure, or other
publicly owned improvements, provided the Agency and the City Council each adopt a
resolution making certain findings; and
WHEREAS, on October 27, 2008, the Agency and City Council held a duly noticed
joint public meeting on the matter of the Agency's payment for the acquisition costs of the
real property for the Walker Street public right -of -way improvements "Joint Public
Meeting and
WHEREAS, at the Joint Public Meeting the Agency and City Council received and
considered the staff report and such other information, testimony, and evidence as
presented.
NOW, THEREFORE, be it resolved by the City Council of the City of Cypress as
follows:
Section 1 The foregoing Recitals are true and correct and incorporated herein.
Section 2. The City Council finds and determines that the City's acquisition of the
Property is, in the City's independent judgment, categorically exempt from the California
Environmental Quality Act "CEQA pursuant to 14 C.C.R. 15301, in that the "project" for
purposes of CEQA is the acquisition of the Property, the demolition of certain improvements
on the Property, and the widening and realignment of the public right -of -way for Walker
Street. The property in question is fully developed and the demolition of certain
improvements and the physical changes necessary to widen and realign the public right -of-
way will not result in any significant adverse impact to the environment and, in fact, will
improve traffic conditions at the site and in the vicinity.
Section 3. The City Council further finds and determines as follows:
A. That the Agency funding, in an amount up to Three Hundred Fifty -Seven
Thousand Six Hundred Ninety -Five Dollars ($357,695) plus standard escrow fees and
costs, for the cost of acquiring the real property to widen and realign the Walker Street right
of -way is of benefit to the Project Area, in that the acquisition of the right -of -way and the
subsequent installation and construction of the right -of -way improvements will serve
residents in the Project Area by widening and straightening Walker Street to provide
improved traffic flow and enhanced public safety.
B. That no other reasonable means of financing the portion of the Walker Street
right -of -way acquisition to be funded by the Agency are available to the community other
than Agency funding, in that (i) City general funds are already committed to expenditures for
necessary police, fire, and other public safety purposes, recreational purposes,
administrative and operations and maintenance purposes, and other previously identified
capital improvements; and (ii) City funds are unavailable due to prior and current State
financing needs which have reduced available City revenues.
C. That the Agency's funding identified herein will assist in eliminating one or
more blighting conditions inside the Project Area, in that the Project Area suffers from a lack
of public facilities to meet the needs of residents. At the time the Project Area was created,
it was determined to be a blighted area for physical and economic reasons including
inadequate public right -of -way improvements. The Agency funding to address the need for
the improvements to the public owned right -of -way facilities to meet current demands thus
addresses a blight condition inside the Project Area. Thus the proposed acquisition of land
necessary to construct improvements to Walker Street will alleviate the blighting influence of
inadequate public right -of -way facilities inside the Project Area by providing for the
realignment of Walker Street to serve the Project Area.
D. That the Agency's funding identified herein is consistent with the Agency's
adopted Implementation Plan 2005 -2009, in that (i) the improvements to Walker Street are
specifically referred to in the Implementation Plan (Ch. IV 2.C), (ii) the improvement of
public infrastructure in and serving the Project Area is a specific goal and objective of the
Implementation Plan (Ch. IV, 2.A, 2.B, and 2.C), and (iii) development of infrastructure,
including major street reconstruction and widening, is a program specifically proposed in the
Implementation Plan to eliminate blighting conditions (Ch. 4, 4.A).
Section 4. The City Council hereby consents to the Agency's payment of up to
Three Hundred Fifty -Seven Thousand Six Hundred Ninety -Five Dollars ($357,695) plus
standard escrow fees and costs toward the cost of acquiring the Property for the installation
and construction of the Walker Street right -of -way realignment and related improvements.
Section 5. The City hereby:
(i) approves the Agreement for City's acquisition of the Property, dated on or about
October 27, 2008, in the form presented to the City concurrent with this Resolution, and
authorizes the Mayor and the City Manager, each as the sole required signatory on behalf
of the City, to execute the Agreement on behalf of the City; and
(ii) authorizes the Mayor and the City Manager, each as the sole required signatory
on behalf of the City, to each take such further actions and to sign such further documents
as may be required to consummate the acquisition of the Property, including executing a
Certificate of Acceptance for the Grant Deed so that the Grant Deed may be recorded in the
official records of Orange County; and
(iii) authorizes and directs the City Manager and authorized designees to take such
other and further actions, and sign such other and further documents, as is necessary and
proper to implement this Resolution on behalf of the City; and
(iv) consents to the Agency's authority and direction given to its Executive Director
and authorized designees to take such other and further actions, and sign such other and
further documents, as is necessary and proper in order to implement the Agency's payment.
Section 6. All actions required by applicable law to be taken by the City Council
precedent to the adoption of this Resolution have been taken in accordance with applicable
law.
2
PASSED AND ADOPTED by the governing body of the Cypress Redevelopment
Agency, at a regular meeting held on the 27 day of Octo• 2008.
ATTEST:
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
I, DENISE BASHAM, Secretary of the Cypress Redevelopment Agency, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of
the said Agency held on the 27 day of October 2008; by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Mills
micitL A. k.All
CHAIRPERSON OF i' E CYPRESS
REDEVELOPMENT AGENCY
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY